The Education Workforce Council (Main Functions) (Wales) Regulations 2015

Disciplinary orders E+W

35.—(1) A disciplinary order must record the decision of the [F1 Fitness to Practise] Committee, the date on which the order is made, and the date on which the order takes effect.

(2) A disciplinary order takes effect on the date on which notice of it is served on the person in relation to whom it is made except where a [F1 Fitness to Practise] Committee otherwise decide.

(3) A [F1 Fitness to Practise] Committee must serve a notice of the disciplinary order on the person in relation to whom it is made containing the following information—

(a) the text of the order;

(b) a description of the effect of the order;

(c) the [F1 Fitness to Practise] Committee’s reasons for making the order;

(d) notification of the registered person’s right to appeal to the High Court against the order and the time period for making such an appeal;

(e) where the order is a conditional registration order, an explanation of—

(i) the steps a [F1 Fitness to Practise] Committee are empowered to take should the registered person fail to comply with a condition specified in it; and

(ii) that person’s right to apply to vary or revoke a condition specified in the order and the method for making such an application;

(f) where the order is a suspension order which specifies conditions, an explanation of the registered person’s right to apply to vary or revoke a condition specified in the order and the method for making such an application; and

(g) where the order is a prohibition order, an explanation of the registered person’s right to apply for a determination that they are eligible for registration and the method for making such an application.

(4) A [F1 Fitness to Practise] Committee must serve notice of the order on the registered persons present or last employer and, where relevant, agent.

(5) Where following the determination of a case by a [F1 Fitness to Practise] Committee it decides not to make a disciplinary order in relation to a registered person, the committee must notify the registered person concerned and their employer—

(a) of its decision and the reasons for it; and

(b) whether it decided that the case against them was not proved.

(6) Where it does not find the case against a registered person proved, a [F1 Fitness to Practise] Committee must at the registered person’s request publish a statement to that effect.

Textual Amendments

F1 Words in Regulations substituted (1.3.2024) by The Education Workforce Council (Main Functions) (Wales) (Amendment) Regulations 2024 (S.I. 2024/74), regs. 1(2), 2(2)

Commencement Information

I1 Reg. 35 in force at 1.4.2015, see reg. 1(1)